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Society has been fighting discrimination in employment based on race, gender and disability for decades. New studies show the fight is far from over. Today marks the 39th anniversary of the assassination of Dr. Martin Luther King, Jr., a sad day for America. But the sadness is leavened by the progress in the fight against […]
Group Publisher of Employment Law at M. Lee Smith Tony Kessler reviews Tommy Spaulding’s book It’s Not Just Who You Know, finding the author offers an insightful look into the five different levels of relationships. Thanks to Facebook, Twitter, Linked-In, blogs, and Skype, most of us have cyber-lists filled to the brim with friends these […]
by Gary Fealk There has been a push in recent years to provide homosexual, bisexual, and transsexual individuals with protection against discrimination, including discrimination in the workplace. There is even proposed federal legislation, the Employment Non-Discrimination Act (ENDA), on the horizon that may pass in the next session of Congress. Certain states have enacted discrimination […]
While the ADA Amendments Act made it easier for employees to show that they have a disability, it did not eliminate the requirement, the 5th U.S. Circuit Court of Appeals has ruled in Neely v. PSEG Texas, No. 12-51074 (5th Cir. Nov. 6, 2013). Facts of the Case Jeffrey Neely worked as a control-room operator […]
By Stephen D. Bruce, PHR Editor, HR Daily Advisor Thirty-eight percent of participants in our recent survey of spousal and domestic partner benefits offer domestic partner benefits to at least some employees, and an additional 7 percent plan to offer such benefits at some point in the future. However, 53% of organizations do not offer […]
The Equal Employment Opportunity Commission (EEOC) recently released a detailed breakdown of the 89,385 workplace discrimination charges it received in fiscal year (FY) 2015, which started on October 1, 2014, and ended on September 30, 2015. Retaliation charges increased by nearly 5% and continue to be the leading complaint raised by workers across the country. […]
On April 5, Mississippi Governor Phil Bryant signed a bill that provides businesses, religious organizations, and individuals with legal protection for refusing to provide services to LGBT individuals. The new law provides “certain protections regarding a sincerely held religious belief or moral conviction for persons, religious organizations and private associations” that refuse services to LGBT […]
A recent U.S. Department of Labor (DOL) enforcement action serves as a reminder that employers must ensure that wage deductions do not create minimum wage violations.
In a very recent decision handed down by the Utah Supreme Court, the court has substantially limited the protections afforded to employers under the workers’ compensation statute. This decision involved an industrial accident at a Chevron refinery near Salt Lake City. According to the facts of the written opinion, Chevron tried a new, less expensive […]
Most people who have filled out job applications have at one time or another seen the question asking whether the applicant has ever been convicted of a crime. This could mean either a misdemeanor, relatively minor crimes punishable by up to a year in jail, or felonies, serious crimes that could be punished by years […]